Gay Anti-Discrimination Cases

"If Bowers said it was constitutional to criminalize homosexual conduct," as the argument goes, "how can Evans, without even discussing Bowers, find unconstitutional the lesser step of simply prohibiting anti-discrimination provisions that protect homosexuals?" Though Romer held that animus was an impermissible justification for a Colorado law which denied homosexuals the right to have laws passed protecting them from discrimination, the statute at issue in this case, and Bowers v. Hardwick, is not based on …

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